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(1) was operated by a governmental entity;
(2) was only collecting, transporting, or processing recyclable materials; or
(3) did not operate a vehicle, or cause or permit the operation of a vehicle, more than twice during any calendar year to:
(A) remove dry or wet solid waste from any premises within the city; or
(B) transport, process, or dispose of wet or dry solid waste within the city. (Ord. Nos. 21058; 21163; 26480; 26608)
A person commits an offense if, within the city, he:
(1) operates, or causes or permits the operation of, a solid waste collection service without a valid solid waste collection franchise granted under this article and Chapter XIV of the city charter; or
(2) operates, or causes or permits the operation of, a vehicle for the purpose of providing solid waste collection service in the city without displaying on the vehicle a valid decal issued under this article. (Ord. Nos. 14219; 16367; 17226; 21058; 21163; 24743; 26480; 26608)
(a) To obtain a solid waste collection franchise, a person must submit an application on a form provided for that purpose to the director. The applicant must be the person who will own, control, or operate the proposed solid waste collection service. The application must be acknowledged by a notary public and contain the following information:
(1) the applicant’s name, address, and notarized signature;
(2) the form of business of the applicant, and, if the business is a corporation, partnership, limited liability company, joint venture, or unincorporated association, a copy of the documents establishing the business;
(3) a description of any past business experience of the applicant, particularly in providing solid waste collection service, and an identification and description of any revocation or suspension by the city, or by any other governmental entity, of a solid waste collection license, franchise, or similar authorization held by the applicant or business before the date of filing the application;
(4) the number and description of vehicles the applicant proposes to use in the operation of the solid waste collection service, including year, make, model, motor identification number, and state license registration number for each vehicle;
(5) a description of the proposed solid waste collection service;
(6) documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by the city in the franchise ordinance;
(7) documentary evidence of payment of ad valorem taxes owed on the real and personal property to be used in connection with the operation of the proposed solid waste collection service if the business establishment is located in the city; and
(8) such additional information as the applicant desires to include to aid in the determination of whether the requested franchise should be granted.
(b) The director is authorized to make any additional investigation as is necessary to verify the truth of the information contained in the application and to determine if the applicant meets the requirements of this article and the standard franchise ordinance required by the city. (Ord. Nos. 21058; 21163; 24743; 26480; 26608)
(a) If the director determines from the application that the applicant meets the requirements of this article and other applicable law to hold a franchise for solid waste collection service, the director shall present the application to the city council and make a recommendation regarding the application. The city council may grant or deny the franchise. The city council shall grant a franchise by ordinance. The grant of a franchise under this article is nonexclusive.
(b) The terms and conditions of a franchise will be set forth in the ordinance granting the franchise to the applicant. By accepting the franchise, the applicant agrees to comply with all of those terms and conditions. (Ord. Nos. 26480; 26608)
(a) A franchisee shall pay a franchise fee set by the city council in the franchise ordinance. The franchise fee may not be less than four percent of the gross receipts resulting from the operation of the solid waste collection service within the city.
(b) The franchise fee must be paid on a payment schedule established by the city council in the franchise ordinance. A payment received later than 10 days after the due date accrues interest at the rate prescribed in Section 2-1.1 of this code.
(c) A franchise fee payment is nonrefundable. (Ord. Nos. 14219; 14566; 17226; 20076; 21058; 21819; 24743; 26134; 26480; 26608)
(a) Upon the granting of a solid waste collection franchise to an applicant and satisfactory completion of all inspections required by this article, the director shall issue a decal for each vehicle to be operated by the applicant under the franchise.
(b) A decal issued under this section must be displayed on the vehicle for which it was issued in a manner and location approved by the director. A copy of the franchise ordinance must be presented upon request to the director or to a peace officer for examination.
(c) A decal issued under this section is not transferable. If a decal is lost, stolen, or mutilated, the director may issue a duplicate decal upon payment to the city of a $10 fee. (Ord. Nos. 21058; 21163; 24743; 26480; 26608)
(a) The director may suspend the operation of a solid waste collection service doing business under a franchise granted under this article if:
(1) the franchisee fails or refuses to comply with any provision of the franchise ordinance, this article, or any other city ordinance or state or federal law applicable to the collection or disposal of solid waste material;
(2) the franchisee fails or refuses to make a franchise fee payment required by this article or the franchise ordinance at the time it was due; or
(3) the solid waste collection operation creates a public nuisance or a serious public health or safety hazard.
(b) The director shall provide at least 24 hours written notice to the franchisee of any suspension and include in the notice the reason for the suspension, the date the suspension takes effect, the duration of the suspension, and a statement informing the franchisee of the right to appeal the suspension. The suspension must be for a definite period of time not to exceed 60 days.
(c) A suspension by the director is final unless, within 20 days after the receipt of written notice of the director’s action, the franchisee files a written appeal with the city manager. The city manager shall, within 15 days after the appeal is filed, consider all the evidence in support of and against the action appealed and render a decision either sustaining, reversing, or modifying the action. The decision of the city manager is final. The filing of an appeal under this subsection stays an action of the director until a final decision is made by the city manager, unless the director determines that continued operation of the solid waste collection service constitutes an imminent and serious threat to the public health and safety.
(d) In addition to terminating a solid waste collection franchise on the grounds set forth in the franchise ordinance, the city council, on the recommendation of the director, may revoke a franchise, assess a civil penalty, or both, if the franchisee:
(1) fails or refuses to comply with any provision of the franchise ordinance, this article, or any other city ordinance or state or federal law applicable to the collection, transportation, processing, or disposal of solid waste material;
(2) knowingly or intentionally made a false statement or misrepresentation as to a material matter in the franchise application or in the negotiations for the franchise; or
(3) fails or refuses to make a franchise fee payment required by this article or the franchise ordinance at the time it was due.
(e) Before presenting a franchise revocation or civil penalty assessment to the city council under Subsection (d), the director shall notify the franchisee in writing of the proposed action. The notice must include:
(1) the reason for the proposed revocation or civil penalty assessment;
(2) action the franchisee must take to prevent the revocation or civil penalty assessment;
(3) a statement that the franchisee has 10 days to take the action to correct any violation or noncompliance; and
(4) a statement that the franchisee has a right to appear before the city council and contest the proposed revocation or civil penalty assessment.
(f) If, within 10 days after receipt of the notice required in Subsection (e), the franchisee has not taken the action necessary to correct the violation or noncompliance, the director shall present the franchise revocation, civil penalty assessment, or both to the city council and make a recommendation regarding the proposed action. The director shall notify the franchisee in writing of the date the city council will consider the proposed action. The city council may formally revoke the franchise, assess the recommended civil penalty, impose any other penalty or action that the city council in its discretion considers appropriate, or remand the matter to the director for further review and recommendation. The action of the city council is final. The director shall notify the franchisee in writing of the city council’s decision.
(g) Revocation of a solid waste collection franchise constitutes termination of the franchise ordinance and all accompanying rights, privileges, and permissions. Suspension or revocation of a solid waste collection franchise does not waive the city’s right to collect civil penalties imposed under the terms of the franchise ordinance prior to the suspension or revocation. (Ord. Nos. 14219; 17226; 21058; 21163; 26480; 26608)
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